Apa Itu Deferred Prosecution Agreement

The British Court of Soutwark has ordered Rolls Royce to pay a fine of £671 million. The fine imposed on the Deferred Prosecution Agreement (DPA) case, namely SFO as plaintiff and Rolls-Royce as defendant, was imposed by Judge Sir Brian Leveson. In the UK legal system, the DPA, introduced on 24 February 2014, is an agreement between prosecutors and the accused company, the implementation of which is under the control of a judge. In accordance with Schedule 17 of the Crime and Courts Act 2013, the DPA cannot apply to individuals, but only to businesses/organisations that commit fraud, bribery or other economic crimes. In the United States, DPA and non-Prosecutorial (APN) agreements or non-demanding agreements, commonly known as pre-tax deviation agreements, have grown considerably. DPA/NPA is a new standard that has changed the way federal prosecutors view U.S. lawyers in settling cases with companies. U.S. Department of Justice officials believe that the most effective way to enforce corporate law is to fundamentally reform the system by implementing corporate governance and compliance instead of prosecuting and letting down criminals. In this context, Peter Spivack and Sujit Raman stated that the U.S. Attorney`s Office has become the new regulators that constitute a new role in corporate oversight policy (Peter Spivack & sujit Raman; 2008).

DPA/NPA is executed by prosecutors if the company is willing to meet the requirements and provisions of the agreement, such as.B. the implementation of internal reforms, cooperation on the disclosure of employee shareholding, compliance with prosecutor`s supervision and the payment of compensation to the State. However, if the company does not meet the conditions set, the prosecutor will continue the criminal proceedings against the company. In some cases, the DPA/NPA mechanism has succeeded in restructuring management and voluntarily reforming it in depth in order to avoid the future of non-law. Instead, accounting giant Arthur Andersen had to leave the cases in the conventional lawsuits of federal lawyers for financial crimes involving companies and tens of thousands of people lost their jobs. The agreement allows for the suspension of criminal proceedings for a specified period, provided that the organization meets certain conditions. Since 1999, the U.S. Department of Justice (DOJ) has set guidelines for the prosecution of economic organizations and businesses. [3] The DOJ`s United States Attorneys` Manual (USAM) allows for consideration of non-prosecution or deferred prosecution of corporate offenses on the basis of collateral consequences and discusses subtrial agreements, deferred prosecution agreements, and non-prosecution agreements in general. [4] [5] According to the United Nations Sentencing Guidelines, prosecutions carried over in the past are not charged to an accused`s criminal history if no court has presented a statement of guilt and the accused has not pleaded guilty or pleaded guilty in an open court. This contrasts with a deferred provision, which usually involves such a finding or approval. [6] Discussions on the possible introduction of deferred prosecution (DPA) laws in Canada began in February 2016.

Prior to the DPA, Canada already had “prosecutor`s discretion,” which “allowed insulting companies to negotiate a non-criminal sentence for an indictable offence.” [9] In June 2018, Canada adopted a CCA through provisions of the C-74 Omnibus Budget Implementation Act, which amended the Criminal Code. [10] [11] According to the Law Times, the DPA changes the way Canadian courts prosecute economic crime, including a redress system in which offenders can escape conviction if they “cooperate with the Crown and the courts.” [10] The Times quoted Ottawa-based lawyer Patrick McCann as saying that the DPA “would bring Canada into compliance with many other countries that have deferred prosecution agreements, including the United States, the United Kingdom…